威斯康星州的押金:法律怎么规定的
房东扣了我的押金
法条怎么规定的
- 退还/列明扣项的法定期限
- 21 天
21 days, counted in plain calendar days (the rule says '21 days', with no business-day or weekday qualifier; contrast ATCP 134.05(2)(a)3., which expressly says '21 calendar days').
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The start date is NOT a single event - § 704.28(4) and ATCP 134.06(2) give three alternatives: (a) if the tenant vacates on the termination date of the rental agreement, the date the rental agreement terminates; (b) if the tenant vacates or is evicted BEFORE the termination date, the date the rental agreement terminates, or, if the landlord rerents the premises before that date, the date the new tenant's tenancy begins; (c) if the tenant vacates or is evicted AFTER the termination date, the date the landlord learns the tenant has vacated or has been removed under Wis. Stat. § 799.45(2). There is no 'whichever is later' clause anywhere in the section. Under (b) the deposit can therefore come due EARLIER than the lease end date if the unit is rerented. A tenant's forwarding address is not a precondition: the landlord must deliver or mail, and ATCP 134.06(5) only shields a landlord 'who has otherwise complied' when the postal service could not complete delivery to the person addressed - it does not excuse never mailing.
- 法定赔偿倍数
- 2×
- 是否必须提供扣项清单
- 是
- 小额诉讼上限
- $10,000
- 法条编号
- Wis. Stat. § 704.28 (withholding from and return of security deposits) together with Wis. Admin. Code § ATCP 134.06 (security deposits).
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The two texts are near-identical on the 21-day clock; only ATCP 134.06(4) carries the itemized-statement duty, and only ATCP 134 carries the private double-damages remedy, reached through Wis. Stat. §§ 704.95 and 100.20(5).
- Deposit cap
- No cap. Neither Wis. Stat. § 704.28 nor Wis. Admin. Code § ATCP 134.06 limits the size of a residential security deposit, and Wis. Stat.
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§ 66.0104(2)(b) forbids any city, village, town or county from imposing security-deposit requirements 'additional to the requirements under administrative rules related to residential rental practices', which eliminated the local caps that Madison and others once had. One indirect limit exists: ATCP 134.02(11) defines 'security deposit' to include 'all rent payments in excess of 1 month's prepaid rent', so any prepaid rent above one month is legally a security deposit and must come back on the same 21-day clock (ATCP 134.06 note).
- Local stacking
- Effectively none - Wisconsin preempts it. Wis. Stat. § 66.0104(2)(b): 'No city, village, town, or county may enact an ordinance that places requirements on a residential landlord with respect to security deposits or earnest money or pretenancy or posttenancy inspections that are additional to the requirements under administrative rules related to residential rental practices.' That subsection (added by 2011 Wis.
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Act 108, with 2011 Act 143 and 2013 Act 76 following) wiped out the deposit provisions of local codes such as Madison General Ordinance ch. 32, which had imposed a one-month cap and required interest. Treat § 704.28 / ATCP 134.06 as the whole of the deposit law in every Wisconsin municipality, Milwaukee and Madison included, and do not promise a tenant a local cap, local interest, or a local hearing forum. Municipalities retain non-deposit powers (rental inspection programs under § 66.0104(2)(e)1m., building and housing codes).
- Penalty detail
- Twice the wrongfully withheld deposit as a total, plus costs and a reasonable attorney's fee. Not three times. Wis. Stat. § 100.20(5) gives a person suffering pecuniary loss from a violation of Wis. Admin. Code ch.
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ATCP 134 'twice the amount of such pecuniary loss, together with costs, including a reasonable attorney fee'. In a deposit case the pecuniary loss is the deposit money the landlord kept, so a $900 wrongful withholding supports $1,800 in total, plus fees. The fee award is what changes a Wisconsin landlord's arithmetic, because it can end up larger than the deposit itself. One limit is worth stating plainly, because it decides how much a Wisconsin letter should actually demand: the doubling does not always reach the whole deposit. Pierce v. Norwick, 202 Wis. 2d 587 (Ct. App. 1996), draws that line: where the landlord did deliver the required accounting on time, the doubling reaches only the loss left after the landlord's legitimate offsets.
- County overlays
- None anywhere in Wisconsin. Counties and municipalities are barred by Wis. Stat. § 66.0104(2)(b) from adding any security-deposit requirement beyond ATCP 134, so unlike Maryland there is no county layer to check and no county forum to file in.
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Deposit disputes go to the circuit court of the county where the case is properly venued, under the statewide small claims procedure of ch. 799, and the only administrative body with any role is the state agency DATCP - which enforces ATCP 134 but does not order money back to the tenant.
- Penalty statute
- Wis. Stat. § 100.20(5) - NOT § 704.28 and NOT ATCP 134.06. ATCP 134 is a general order promulgated under § 100.20(2)(a); § 704.95 confirms that a § 704.28 violation 'may also constitute unfair methods of competition or unfair trade practices under s.
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100.20'; § 100.20(5) then supplies the private double-damages action. Criminal exposure sits in a third section, Wis. Stat. § 100.26(3).
- Deadline statute
- Wis. Stat. § 704.28(4)(a)-(c) and Wis. Admin. Code § ATCP 134.06(2)(a)-(c) (return of the deposit); Wis. Admin. Code § ATCP 134.06(4)(a) (written statement of amounts withheld, due 'within the time period and in the manner specified under sub. (2)', i.e. the same 21 days)
- Scope exclusions
- ATCP 134 - and with it the itemized-statement duty and the § 100.20(5) double-damages remedy - does not reach every rental.
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ATCP 134.01 excludes, among others: units operated by a public or private institution where occupancy is incidental to detention or to medical, geriatric, educational, counseling or religious services; fraternal or social organization housing occupied by a member; a unit occupied by a purchaser under a contract of sale; hotel/motel/boarding house units rented only to tourist or transient occupants; units the landlord provides free or as pay to an on-site employee; units where the tenant runs commercial agricultural operations; and 'a dwelling unit owned and operated by government, or a subdivision or agency of government' (ATCP 134.01(7)). Privately owned or operated federally subsidized housing, including HUD Section 8, IS covered per DATCP's guide. Wis. Stat. § 704.28's 21-day duty still applies to residential tenancies generally (§ 704.28(5)), but a tenant outside ATCP 134 loses the ATCP 134.06(4) statement duty and must find another route to damages.
- Interest or escrow
- Neither is required by state law. Wisconsin has no statutory interest requirement on residential security deposits and no trust-account, escrow, separate-account or anti-commingling rule in Wis. Stat. § 704.28 or Wis. Admin. Code § ATCP 134.06 (both read in full on 2026-09-04).
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Local interest requirements - Madison General Ordinance ch. 32 formerly imposed one - are preempted by Wis. Stat. § 66.0104(2)(b). A lease may still promise interest as a matter of contract.
- Limitations detail
- Neither Wis. Stat. § 704.28 nor § 100.20(5) contains its own limitations period, so the general ch. 893 rules apply. The most likely fit is Wis. Stat.
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§ 893.93(1m)(a) - three years for 'an action upon a liability created by statute when a different limitation is not prescribed by law' (this was six years until 2017 Wis. Act 235 moved it from § 893.93(1)(b) to (1m)(a) and shortened it). Two rival readings exist and are flagged in open_questions: § 893.93(2)(a) would give two years for 'an action by a private party upon a statute penalty', but by its terms it applies only 'when the action is given to the party prosecuting therefor and the state', which § 100.20(5) is not; and a plain contract claim for the deposit itself would carry six years under § 893.43(1). Use three years as the working outside limit and do not tell a tenant they have six.
- Agency complaint url
- https://datcp.wi.gov/Pages/Programs_Services/FileConsumerComplaint.aspx (landlord/tenant form: https://datcp.wi.gov/Documents/ComplaintFormLandlordTenant.pdf)
- Small claims statute
- Wis. Stat. § 799.01(1)(d) ('Other civil actions where the amount claimed is $10,000 or less', for money judgments only). CHANGE PENDING: the Legislature's own effective-date note on that page states par. (d)(intro.) 'is shown as amended eff. 1-1-27 by 2025 Wis.
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Act 105', raising the figure to $15,000; until January 1, 2027 the limit is $10,000. Small claims procedure is exclusive, not optional, for claims within the limit (§ 799.01(1) intro.). Wisconsin's separate $5,000 sub-limit applies to third-party complaints, personal injury and tort actions, not to a contract/statutory deposit claim.
- Itemized list statute
- Wis. Admin. Code § ATCP 134.06(4)(a). NOT in Wis. Stat. § 704.28 - the statute contains no itemization duty at all. State v. Lasecki, 2020 WI App 36, is annotated on the § 704.28 page: 'Any obligation of a landlord to provide a withholdings statement to a tenant arises only under s. ATCP 134.06 (4), Wis. Adm.
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Code.' Intentionally falsifying a claim is separately barred by ATCP 134.06(4)(b).
- Limitations period years
- 3
看完上面的数字,请务必读这一段
Wisconsin runs security deposits on two parallel tracks that say almost the same thing. Wis. Stat. § 704.28 tells the landlord what may be withheld and sets the 21-day return deadline; Wis. Admin. Code § ATCP 134.06, written by the Department of Agriculture, Trade and Consumer Protection under Wis. Stat. § 100.20(2), repeats that deadline and adds the duty the statute leaves out - a written, itemized statement accounting for every dollar withheld, describing each item of damage or other claim and the amount charged for it, delivered or mailed inside the same 21 days (ATCP 134.06(4)(a)). That split matters: a Wisconsin court of appeals held in State v. Lasecki (2020) that the itemization duty exists only in the administrative code, so a demand letter should cite ATCP 134.06(4)(a) for the statement and § 704.28(4) for the money.
The 21 days are plain calendar days, but there is no single starting gun. Section 704.28(4) and ATCP 134.06(2) give three alternatives, and unlike many states there is no 'whichever is later' language. If you moved out on the lease end date, the clock starts that day. If you moved out early or were evicted early, it starts on the day the lease would have ended - unless the landlord rerented the unit first, in which case it starts the day the new tenant's tenancy begins, which makes the deposit due sooner, not later. If you stayed past the lease end and then left or were removed, it starts the day the landlord learns you are out. Nothing conditions the clock on your giving a forwarding address: the landlord has to deliver or mail to your last known address, and ATCP 134.06(5) only protects a landlord 'who has otherwise complied' when the post office could not deliver. The landlord may not deduct for normal wear and tear (§ 704.28(3), ATCP 134.06(3)(c)); the rule's own note singles out routine painting and routine carpet cleaning as things that cannot come out of a deposit absent unusual tenant-caused damage. Any prepaid rent above one month is legally a security deposit (ATCP 134.02(11)) and comes back on the same clock.
The money remedy is not in either deposit provision - it is in a third statute, Wis. Stat. § 100.20(5), which says a person who suffers pecuniary loss from a violation of a DATCP order 'shall recover twice the amount of such pecuniary loss, together with costs, including a reasonable attorney fee.' Wisconsin is a DOUBLE-damages state, not a treble one, but the doubling is mandatory rather than a judge's discretion, and the attorney-fee award is what usually makes a small deposit worth a lawyer's time. There is a criminal backstop as well: Wis. Stat. § 100.26(3) makes it punishable by a $25-$5,000 fine and up to a year in county jail to intentionally refuse to obey an order issued under § 100.20, and Lasecki was a criminal prosecution of a landlord for skipping the withholdings statement. The forum is small claims court in the county circuit court, where the money limit is $10,000 today and rises to $15,000 on January 1, 2027 under 2025 Wis. Act 105. Wisconsin sets no cap on the size of a deposit, requires no interest, and requires no escrow or separate account - and no city or county may add any of those, because Wis. Stat. § 66.0104(2)(b) forbids local ordinances imposing security-deposit requirements beyond ATCP 134. That preemption is what erased Madison's old one-month cap and interest rule, so there is no Milwaukee or Madison overlay to check. Two coverage limits are worth knowing: ATCP 134 (and with it the itemization duty and the § 100.20(5) double damages) does not apply to a unit 'owned and operated by government, or a subdivision or agency of government,' nor to institutional, transient, fraternal, on-site-employee or farm-labor housing (ATCP 134.01); and no deposit provision states its own filing deadline, so the general limitation in Wis. Stat. § 893.93(1m)(a) - three years for a liability created by statute - is the working outside limit.
自己去读原文
官方来源。如果下面某个数字对你的案子有影响,请打开法条自己读一遍 —— 法律会修订,而且很多城市会在州法之上叠加更严的地方条例。
- Wis. Stat. § 704.28(4) (intro.) — 21-day return deadline for the security deposit, less lawful withholdings
- Wis. Stat. § 704.28(4)(a)-(c) — The three alternative start dates for the 21 days (on-time move-out / early move-out or eviction with rerent acceleration / late move-out or removal)
- Wis. Stat. § 704.28(3) — No withholding for normal wear and tear
- Wis. Stat. § 704.28 Annotation (State v. Lasecki, 2020 WI App 36, 392 Wis. 2d 807, 946 N.W.2d 137) — The itemized-withholdings duty lives in the admin code, not the statute; failing to send it can be criminally prosecuted under § 100.26(3)
- Wis. Admin. Code § ATCP 134.06(2) — Same 21-day return rule in the administrative rule that carries the private remedy
- Wis. Admin. Code § ATCP 134.06(4)(a) — Itemized written statement of every amount withheld, due within the same 21 days
- Wis. Admin. Code § ATCP 134.06(4)(b) — Falsified or misrepresented claims against a deposit are separately prohibited
- Wis. Admin. Code § ATCP 134.06(5) — Undeliverable-mail defense - available only to a landlord who otherwise complied
- Wis. Admin. Code § ATCP 134.06(3)(c) and note — Routine painting and carpet cleaning are normal wear and tear and cannot be deducted
- Wis. Admin. Code § ATCP 134.06(1)(a) — Pre-deposit written notice of the tenant's right to inspect and to see damages charged to the previous tenant; deadline at least 7 days after tenancy starts
- Wis. Stat. § 704.95 — The bridge: a § 704.28 violation can also be an unfair trade practice under § 100.20, which is what unlocks double damages
- Wis. Stat. § 100.20(5) — PENALTY SECTION - double the pecuniary loss plus costs and a reasonable attorney fee; mandatory 'shall recover'
- Wis. Stat. § 100.20(2)(a) — Rulemaking authority under which ATCP 134 is a 'general order', making § 100.20(5) available
- Wis. Stat. § 100.26(3) — Criminal penalty for intentionally refusing to obey an order issued under § 100.20 (i.e. ATCP 134): $25-$5,000 and/or up to one year in county jail
- Wis. Stat. § 799.01(1)(d) with the Legislature's effective-date note — Small claims money limit: $10,000 today, $15,000 effective 1-1-2027 under 2025 Wis. Act 105
- Wis. Stat. § 799.01(1) (intro.) — Small claims procedure is the exclusive circuit court procedure for qualifying actions, not an optional track
- Wisconsin Court System, Self-Help Law Center - Small Claims — Court system confirms the current $10,000 small claims limit and the separate $5,000 tort sub-limit
- Wis. Stat. § 893.93(1m)(a) — Three-year limitation for an action upon a liability created by statute (best fit for a § 100.20(5) claim)
- Wis. Stat. § 893.93(2)(a) — Two-year limitation for a private action 'upon a statute penalty' - but only where the action is given to the private party AND the state
- Wis. Stat. § 893.43(1) — Six-year contract limitation (the alternative theory for recovering the deposit itself)
- Wis. Stat. § 66.0104(2)(b) — STATE PREEMPTION of local security-deposit ordinances - the reason there is no local stacking in Wisconsin
- Wis. Admin. Code § ATCP 134.01 (intro.) and (7) — Scope: ATCP 134 does not reach government-owned-and-operated units, institutional housing, transient lodging, employee units, and others
- Wis. Admin. Code § ATCP 134.02(11) — 'Security deposit' includes prepaid rent above one month, so excess prepaid rent runs on the same 21-day clock
- Wis. Admin. Code § ATCP 134.08(4) — A lease clause making the tenant pay the landlord's attorney fees voids the rental agreement; court-ordered fees under ch. 799 or 814 are unaffected
- Wis. Stat. § 704.08 — Check-in sheet must be given at move-in; tenant has 7 days to complete and return it (the evidence base for disputing move-out damage claims)
- Wis. Dept. of Agriculture, Trade and Consumer Protection, “Tenants’ Rights and Responsibilities” (LT-TenantsRights143, rev. 10/23) — Official state-agency confirmation that the deposit remedy is § 100.20(5) double damages plus costs and attorney fees in small claims court
- DATCP, “Tenants’ Rights and Responsibilities” (HTML edition) — Same fact sheet on the web, restating the 21-day rule and the early-move-out alternative
- DATCP, “Landlord Tenant Guide” (LT-LandlordTenantGuide497) — Official state guide; confirms the two governing bodies of law and lists the ATCP 134 coverage exclusions in plain language
- DATCP Bureau of Consumer Protection (final URL of the redirect from consumerprotection.wi.gov) — Agency landing page; Consumer Protection Hotline (800) 422-7128
- DATCP, “File a Consumer Complaint” — How a Wisconsin tenant files a landlord/tenant complaint with the state
- DATCP form DTCP-BCP-003 (rev. 09/2025), “LANDLORD/TENANT” complaint form — The actual landlord/tenant complaint form; states DATCP's enforcement role over ATCP 134
最近核实: 2026-09-04
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